Terms and Conditions (Rental Aggreement)

1. The rental period is as stated in the booking form

2. The landlord and the tenant agree to comply to the provisions of this agreement.

3. The rented object is intended as a holiday home, permanent residence is not permitted unless expressly agreed in an annex to this agreement.

4. The property is available for tenants on the day of arrival after 16:00, unless otherwise agreed.

5. Guest agrees that no more than the number of persons specified in the booking shall be permitted to stay overnight on the Property during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.

6. On the day of departure, the tenant has to leave the property at 11.00 am, unless otherwise agreed.

7. Tenant must abide by house rules, if any, of the property.

8. The Property is provided in “as is” condition. Owner or Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Owner or Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, bales, gazebos, fireplaces, balconies, decks, terraced garden and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.

9. The tenant is not allowed any changes to the property or interior.

10. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times.

11. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property. If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.

12. RISK OF LOSS AND INDEMNIFICATION: Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. The Landlord is not liable for loss or theft of personal property of the tenant whether or not a result of burglary or trespassing.

13. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.

14. RELEASE:
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.

15. ENTRY AND INSPECTION: Rental Agent or Owner reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.

16. UNAVAILABILITY OF PROPERTY:
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.

17. Tenant is required to report any damage and to replace damaged items immediately and to report this to the Staff at the latest upon departure.

18. Tenant is responsible for the loss of the issued keys. The cost of new locks and keys will be charged to the tenant. These costs need to paid directly, in cash.

19. The landlord is not liable for the failure of electrical appliances, electricity and / or water supply. The landlord shall use its best efforts in such a case and minimize the inconvenience for the tenant.

20. Lessee shall secure the property each time leaving with all supplied means. (Fences, doors, locks)

21. It is forbidden to create open fire in the house and on the terraces due to fire risk and contamination of the tiles.

22. The tenant is in no way allowed to cause nuisance to local residents. This means loud music, yelling, loud closing of doors and windows, high volume TV.

23. Pets are only allowed in consultation and written consent of the landlord. The tenant must ensure that the animals in any way cause a nuisance to local residents.

24. Tenant is required to comply to rules of the urbanization, if any.

25. The landlord is not liable for any damages incurred by tenants in and around the house / pool.

26. Staff in the villa should always be treated with respect.

27. At the end of the rental period should keys be handed to the staff and the house will be inspected.

28. Payment Terms: the rent and deposit to be paid directly to the owner. Where the conditions means that 30% upon booking to be paid by the tenant (where the booking also is final) and 70% + deposit 60 days before arrival villa. Payment is only by bank, unless otherwise agreed. Your bank statement will be the reservation confirmation.

29. Cancellation Fees are

Travelers who cancel at least 14 days before check-in will get back 100% of the amount they've paid. If they cancel between 7 and 14 days before check-in, they'll get back 50%. Otherwise, they won't get a refund.

Cancellation is the responsibility of the tenant and should be claimed at the tenants cancellation insurance. We recommend a cancellation and (travel) insurance.

30. GENERAL PROVISIONS:

This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. The words “Rental Agent”, "Owner" and “Guest” or "Tenant" shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.

Contact information for questions

You may contact us any time for questions: info@villa-banyan-bali.com or jahnke@prontomail.com